EXH0210018709

v. ) LUSTER IN SUPPORT OF STAY ) STATE OF WASHINGTON, ) (Section 401 Certification No. DEPARTMENT OF ECOLOGY; and ) 1996-4-02325 and CZMA concurrency9 THE PORT OF SEATTLE, ) statement, issued August 10, 2001, ) Reissued September 21, 2001, under No. Respondents. ) 1996-4-02325 (Amended- 1)) ) Tom Luster declares as follows: 1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. I am responding to the briefs and declarations provided by Ecology and the Port of Seattle in response to the ACC's request for a stay of certification that the proposed project will meet water quality standards. 3. I have reviewed several recent documents relevant to the 401 review and certification, including the certifications issued by Ecology in August and September, 2001, the July 2001 low flow analysis (Low Flow Plan), the December 2000 Stormwater Plan (including all July 2001 replacement REPLY DECLARATION OF TOM LUSTER IN HELSELLFETTERMAN LLP RachaelPaschalOsbom SUPPORT OF STAY -I IsooPugetSoundPlaza AttorneyatLaw 1325 Fourth Avenue 2421 West Mission Avenue Seattle. WA 98101-2509 Spokane, WA 99201 AR 018709 pages), and the August 2001 Cumulative Impacts Study. I have also reviewed briefs, declarations, and accompanying documents related to the above-referenced appeals. 4. My primary concern in this matter is the 401 c_ification issued for this proposed project is based largely on speculation rather than the required "reasonable assurance" standard. The decision to certify the proposed project is clearly not based on a "preponderance of…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]